Eleanor Finch
The Constitution of the United States has been amended several times since it was first signed on September 17, 1787, and ratified on June 21, 1788. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states. Since 1959, this has meant ratification by 38 states. Since the early 20th century, Congress has often stipulated that an amendment must be ratified within seven years of being submitted to the states. There have been 27 amendments to the Constitution, the first 10 of which were ratified simultaneously on December 15, 1791, and are collectively known as the Bill of Rights. More than 11,000 amendments have been proposed, but only 27 have been ratified by the requisite number of states.
| Characteristics | Values |
|---|---|
| Total Amendments Proposed | 11,848 |
| Total Amendments | 33 |
| Total Amendments Ratified | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| 13th, 14th, and 15th Amendments | Reconstruction Amendments |
| Amendments Not Ratified | 6 |
| Amendments Pending | 4 |
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What You'll Learn
The first 10 amendments, known as the Bill of Rights
The Constitution of the United States has had 27 amendments since it was enacted on March 4, 1789, with the first 10 amendments collectively known as the Bill of Rights. The Bill of Rights was proposed by James Madison to limit government power and protect individual liberties. Madison's proposal was a result of the 1787–88 debate over the ratification of the Constitution, which saw Federalists and Anti-Federalists at odds over the distribution of power.
The Bill of Rights was proposed by the First Congress on September 25, 1789 and ratified on December 15, 1791. The 12 articles of amendment approved by Congress were sent to the state legislatures for ratification. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures. The ratified amendments (Articles 3–12) became the first 10 amendments of the Constitution, or the U.S. Bill of Rights.
The Bill of Rights had little judicial impact for the first 150 years of its existence. This was due to several factors, including the Supreme Court's focus on issues relating to intergovernmental balances of power during the 19th century, and the fact that the Bill initially only applied to the federal government. However, in the 20th century, most of the Bill's provisions were applied to the states via the Fourteenth Amendment.
The amendments of the Bill of Rights guarantee personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble, as well as other natural and legal rights. They also include explicit limitations on the government's power, declaring that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
The First Amendment, for example, prohibits Congress from making laws establishing religion or abridging freedom of speech. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes by requiring a warrant. The Second Amendment states that "a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The Sixth Amendment guarantees the right to a speedy and public trial, by an impartial jury, while the Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments.
Emancipation Proclamation: The 13th Amendment's Power
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The 21st Amendment: repealed the 18th
The Constitution of the United States has been amended 27 times since it was put into operation on March 4, 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The 21st Amendment, which repealed the 18th, is unique for two reasons. Firstly, it is the only amendment that has specifically repealed a prior amendment. Secondly, it is the only amendment that has used the auxiliary method of ratification via state conventions, rather than the legislatures of the states.
The 18th Amendment, ratified on January 16, 1919, mandated a nationwide prohibition on alcohol. The temperance movement, which had been advocating for this for years, considered it a huge victory. However, Prohibition proved to be highly unpopular, with many Americans continuing to drink, leading to the rise of organised crime and a profitable black market for alcohol.
As more and more Americans opposed the 18th Amendment, a political movement for its repeal grew. On February 20, 1933, Congress proposed the 21st Amendment, which was aimed at rescinding Prohibition. The amendment was ratified by the requisite number of states on December 5, 1933, officially ending Prohibition.
Section 1 of the 21st Amendment expressly states the repeal of the 18th Amendment. Section 2 bans the importation of alcohol into states and territories that still prohibit the consumption of alcohol. Several states continued to be "dry states" in the years following the repeal, and some still closely regulate alcohol distribution today.
The People's Power: Passing Constitutional Amendments
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The 18th Amendment: prohibited alcohol
The United States Constitution has seen 27 amendments, with the first 10 being ratified simultaneously and known as the Bill of Rights. The Eighteenth Amendment, ratified in 1919, prohibited the manufacture, transportation, and sale of intoxicating liquors within the United States. However, it did not outlaw the consumption of alcohol.
The Eighteenth Amendment was the culmination of decades of efforts by the temperance movement, which argued that banning alcohol would address various societal issues, including poverty and immoral sexual behaviour. The movement gained significant support from churches, with prominent figures like Carrie Nation advocating for prohibition. By 1916, 23 out of 48 states had passed laws against saloons, and some had even banned alcohol production. The Anti-Saloon League, founded in 1893, played a crucial role in advocating for prohibition at the state level and strategically engaging with political parties.
The Eighteenth Amendment was proposed by Congress on December 18, 1917, and ratified on January 16, 1919, with an effective date of January 17, 1920. The Volstead Act, passed shortly after ratification, provided for the federal enforcement of Prohibition, defining "intoxicating liquors" to include liquor, wine, and beer. While the Eighteenth Amendment led to a decline in alcohol consumption, enforcing it proved challenging, especially in cities. Illicit activities like alcohol smuggling and speakeasies became prevalent.
By the late 1920s, public sentiment turned against Prohibition, with opponents arguing that it denied jobs and revenue to the government. Franklin D. Roosevelt's 1932 presidential campaign included a plan to repeal the amendment, and his victory led to the end of Prohibition. On December 5, 1933, the Twenty-first Amendment was ratified, repealing the Eighteenth Amendment and modifying the Volstead Act to permit the sale of beer. This marked the only time in American history that a constitutional amendment was repealed.
Right to Vote: The 26th Amendment Impact
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The 13th, 14th, and 15th: Reconstruction Amendments
The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights. The 13th, 14th, and 15th Amendments, also known as the Reconstruction Amendments, were added to the Constitution in the 1860s following the US Civil War and the assassination of Abraham Lincoln. These amendments were written and ratified by the Republican Party, with the Democrats in opposition.
The 13th Amendment abolished slavery in the entirety of the United States and granted Congress the right to enforce this with appropriate legislation. This amendment was necessary because, while the Emancipation Proclamation ended slavery in the Confederacy, formerly enslaved people were still subject to laws that prevented them from exercising their rights, such as the Black Codes.
The 14th Amendment ensured that the Bill of Rights applied to all citizens of the United States of America, regardless of race. This included guaranteeing citizenship rights and rights to equal protection under the law. For example, the Supreme Court established the concept of jus soli, which states that a child born in the United States to non-diplomatic foreign parents automatically becomes a US citizen. The 14th Amendment also formed the basis for the Brown v. Board of Education case, which prohibited states from segregating public schools based on race.
The 15th Amendment secured voting rights for Black men, making it illegal to refuse them the right to vote on account of race or previous servitude. However, it did not outlaw literacy tests, poll taxes, and other methods that were used to prevent Black people and poor whites from voting.
The Reconstruction Amendments remain a subject of controversy and inspiration today. While some seek to disenfranchise people of color through loopholes, others view these amendments as providing the groundwork for racial justice and equity in the United States.
The Fight for Constitutional Amendment in 1850
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Congress and the role of the states in the process
The process of amending the US Constitution is outlined in Article V of the Constitution. The process involves two steps: proposing an amendment and ratifying it.
Congress plays a crucial role in this process. Firstly, an amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, Congress can call for a national convention on the application of two-thirds of state legislatures to propose an amendment. However, this option has never been used. Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.
The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. Congress can specify whether the proposed amendment should be submitted to state legislatures or a state convention for ratification. To become part of the Constitution, an amendment must be ratified by three-fourths of the states (38 out of 50 states). This can be achieved through state ratifying conventions or the legislatures of three-fourths of the states.
Since the Constitution came into operation in 1789, Congress has proposed 33 amendments, 27 of which have been ratified by the required number of states and are now part of the Constitution. The first 10 amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791.
The states play a vital role in the amendment process by ratifying proposed amendments. They can influence the method of ratification and ensure that their legislatures or conventions represent the will of their citizens regarding the amendment. The states also have the power to reject or rescind their ratification of an amendment.
Amendments: A Historical Timeline of the Constitution
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Frequently asked questions
There have been 27 amendments to the US Constitution.
Approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789.
The first 10 amendments, known as the Bill of Rights, were ratified in 1791.
To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments.
